just found out that AOS got denied..

[mrsGORE 13]

I hope you'll get through this...for sure later on you'll find a way what the best thing to do with your case

just keep on praying...

[hakunamatata 1]

Look...

1. Any of the reasons listed above would result first in a RFE. Failure to properly respond to a RFE is a common reason for denial. But, the OP said they got no RFEs. So, that is not the reason.

2. Bad fingerprints do not lead to denial. If, after the second round, they still do not have good prints, they would send out a RFE for a police cert from the US. That did not happen, so that is not the reason.

The OP has not yet had an interview, so anything about bona fide marriage is not even yet in play. Any denial at this point would be procedural. Or, the OP is a criminal or has been banned from the US prior, or is already married or something in the background check does not fit (pretty rare chance since the OP obtained a K01 visa, and these problems should be vetted before). A procedural problem is more likely.

The OP has stated that they filed, and got 2 biometrics appointments, and nothing else happened. There is no way to know what the problem is. Mail problems are a good guess, but the OP refuses to wait on hold to speak to someone to get some information.

Im a law abiding citizen of my country and i dont have any records relating to criminal offense. even here in the US. I dont know if ive got missed appointments coz i didnt receive appointment letters or something which resulted to the denial of my application.

I called USCIS several times and got the same answer, wait for the letter. because they dont have access on that. I asked who should i talk to to discuss that matter. they said they cant help about it. they are just allowed to give general information which i myself can access from the internet. they just keep on reiterating the statement in the online check status. They said i should give them a call again if after 15 days i still havent received the letter.

[hakunamatata 1]

Is the USCIS line same as DOS? Meaning that it's ringing (kind of their waiting music) and we need to wait 5/15/30 min or whatever until someone picks up?

If that's the case, I have a feeling the OP doesn't know that (and I guess it's not a matter of refusing to wait or not knowing how to use a phone).

lol.. i was just getting soooo impatient that i was put on hold for like 10-15 mins. so i hung up the fone. it happened like 2 times.

and then at last somebody answered, but then i just got disappointed when he said wait for the letter. wait after 15days then call again.

Edited September 5, 2012 by hakunamatata

[Kaoticor 5]

Hey just thought I would add one more point: if you filed for an extension, you have to include the a copy of that tear-off from the extension filing (If you filed an extension that is). If you filed your I-485 before the filing date cutoff, I don't know the extent that this applies.

I-864 instructions state: "If you were not required to file... attach a written explanation including evidence of the exemption..."

Unfortunately, you have to include proof of everything with matters like that. Although they will usually issue an RFE for missing documents like that... Like you said, going to have to see what letter says! Best wishes again.

[hakunamatata 1]

Hey just thought I would add one more point: if you filed for an extension, you have to include the a copy of that tear-off from the extension filing (If you filed an extension that is). If you filed your I-485 before the filing date cutoff, I don't know the extent that this applies.

I-864 instructions state: "If you were not required to file... attach a written explanation including evidence of the exemption..."

Unfortunately, you have to include proof of everything with matters like that. Although they will usually issue an RFE for missing documents like that... Like you said, going to have to see what letter says! Best wishes again.

do you think we should get a lawyer about our case?

Edited September 5, 2012 by hakunamatata

[Penny Lane 8,159]

I think you should wait and see what the reason for denial is before making any preparations.

[Dave&Roza 748]

lol.. i was just getting soooo impatient that i was put on hold for like 10-15 mins. so i hung up the fone. it happened like 2 times.

and then at last somebody answered, but then i just got disappointed when he said wait for the letter. wait after 15days then call again.

You need to ask and insist on talking to a supervisor. The first person you get on the phone is nothing more than a parrot as you have found out. It is the ISO or second tier person that can help, but you must ask to speak to them. Try again.

Just to let you know what happened to us. We received the BIO appointment for the I-485, but the notice for the I-765 was returned to USCIS by the USPS. Why? Because my wife's name was not on the mailbox and our substutite letter carrier decided she did not reside at our apartment and returned the letter. I knew about this because I had e-mail and text updates. Did you file the G-1145 with your application? If not, the USCIS could have sent you an RFE for income tax information for 2011 (as you sent in a tax return for 2010--tax returns are always 1 year behind the actual year--and did not send one in for 2011), failed to respond because the RFE was returned. I am putting $100 on that as the reason for the denial.

Good luck,

Dave

[Darnell 8,479]

lol.. i was just getting soooo impatient that i was put on hold for like 10-15 mins. so i hung up the fone. it happened like 2 times.

and then at last somebody answered, but then i just got disappointed when he said wait for the letter. wait after 15days then call again.

When calling back -

say, exactly, I need to be transferred to an ISO .

If the caller tries to be helpful, insist I need to be transferred to an ISO

You think you are impatient now? Wait till you need to overcome the denial (which apparently is based on RFE non-submittal) and then let's talk about being impatient once more, aye?

<EOM>

[Moomin 292]

maybe yes that's y i had another biometrics appointment. do you think that could be the reason of the denial?

Not because you had 2 biometric appointments, no. That's normal when the first set of finger prints aren't readable.

Not showing up for the biometric appointment, not responding to RFE or not showing up for interview will cause your EAD, AP and i485 to be denied. If you forgot to submit marriage certificate or you only included marriage license and didn't respond to your RFE, then there goes your entire eligibility to AOS. Not saying that is the case though, just an example.

You can only find out about that if contacting USCIS and inquiring about it like Darnell said. That, or an infopass appointment because the online status won't always show the updated case status.

Having that said, you denial letter will most likely say why - all we can do is guess, and there are too many reasons to come up with when we know even less than you at this point. Meanwhile, I'd suggest preparing your husband for the news. Especially if you are refiling soon and need to save up.

[hakunamatata 1]

You need to ask and insist on talking to a supervisor. The first person you get on the phone is nothing more than a parrot as you have found out. It is the ISO or second tier person that can help, but you must ask to speak to them. Try again.

Just to let you know what happened to us. We received the BIO appointment for the I-485, but the notice for the I-765 was returned to USCIS by the USPS. Why? Because my wife's name was not on the mailbox and our substutite letter carrier decided she did not reside at our apartment and returned the letter. I knew about this because I had e-mail and text updates. Did you file the G-1145 with your application? If not, the USCIS could have sent you an RFE for income tax information for 2011 (as you sent in a tax return for 2010--tax returns are always 1 year behind the actual year--and did not send one in for 2011), failed to respond because the RFE was returned. I am putting $100 on that as the reason for the denial.

Good luck,

Dave

we've sent the G-1145... the income tax returns we sent them was for 2011... so im thinking that could be the cause of denial.. an outdated ITR.. since he should already have the 2012 income tax return when we sent our documents to USCIS which was like in the last week of april.

or..my fingerprints in the biometrics were still not so good though i had 2 biometrics already?

whatever the reason is i just hope that it would be easily solved. what's freaking me out is the fear of receiving a letter that says i have to leave within 30 days coz that's what i read in some forums. i dont wanna leave my husband. we waited for a very long time to be together. im so anxious but im just fighting the feeling.

thanks for the wishes of good luck everyone.

[hakunamatata 1]

i just talked to the supervisor and she said the same thing. wait for the letter. if after 15 days i still havent received the letter i should call them and by then they can tell me what to do.

[hakunamatata 1]

i insisted by the way.. but she said if id like i can call back again to talk to another supervisor or look for another supervisor but she said she's sure that they'd just gonna say the same thing.

i insisted by the way.. but she said if id like i can call back again to talk to another supervisor or look for another supervisor but she said she's sure that they'd just gonna say the same thing.

[Penny Lane 8,159]

Relax and wait.

[Darnell 8,479]

i just talked to the supervisor and she said the same thing. wait for the letter. if after 15 days i still havent received the letter i should call them and by then they can tell me what to do.

a supervisor is not an ISO, alas.

[hakunamatata 1]

a supervisor is not an ISO, alas.

she would not transfer me to ISO. so i said maybe she could let me talk to the supervisor. and the supervisor reiterated i wont get any information right now since the waiting time for the letter is until the 15th day.. so i really just have to wait for the letter.

Edited September 5, 2012 by hakunamatata